Iowa Code § 614.1

Iowa Code § 614.1(8) imposes a two-year limitations period on claims for wages, even when the wage claim arises from breach of a written collective bargaining agreement.

LOCAL UNION NO. 90 v. White · filed 1983-05-18(8)

We however agree with the defendants and the trial court that the shorter statute of limitations for wages must apply rather than the general statute of limitations for written contracts.

Iowa Code § 614.1(8) imposes a two-year limitations period on actions to recover wages, including payments owed to employee benefit funds.

Robbins v. Easter Enterprises, Inc. · filed 1986-03-07(8)

Iowa Code § 614.1(8), which establishes a limitations period of two years for actions to recover “wages,” defined to include payments to employee benefit funds.

Unless an exception applies, Iowa Code § 614.1(2) limits commencement of a tort action to two years regardless of which state's substantive law governs.

Cameron v. Hardisty · filed 1987-06-17(2)

Thus, unless one of the exceptions applies, Iowa law limits commencement of a tort action to two years, regardless of which state’s substantive law will govern the case.

Iowa Code § 614.1(2) requires both service on the Commissioner of Public Safety and mailing notice to the nonresident defendant, but not receipt by the defendant, to occur within the two-year limitations period.

Meeker v. United States of America, Robert Martin, Postal Leasing, Inc., and MacHael Oil Company · filed 1971-01-25(2)

The statutory procedure in Iowa to effect service on a nonresident requires (1) filing of the original notice of suit with the Commissioner of Public Safety and (2) mailing notification of such filing to the nonresident within ten days.

Iowa Code § 614.1(4) does not bar a chapter 252A proceeding when the minority-tolling provision in § 614.8 applies.

Schulte v. Wageman · filed 1991-01-23(4)

the general statute of limitations, Iowa Code § 614.1(4), also does not bar chapter 252A proceedings because of the operation of the minority tolling provision of Iowa Code section 614.8.

Section 614.1(8)'s two-year limitations period applied to Audus's commission claim, but because the commissions formed a continuous account, the entire claim accrued within two years and was not barred.

Audus v. Sabre Communications Corp. · filed 1996-10-23(8)

Therefore, whether Audus’ cause of action accrued when he made his last sale (sometime in 1992) or when he demanded payment of the remaining commissions (at the time he quit his employment in June 1992), all of his claims fall within the two-year limitations period.

Section 614.1(2) does not cover wrongful-discharge claims because “injuries to the person” means bodily injuries or death, and section 614.1(8) does not apply merely because lost income may be recoverable as damages.

Vrban v. Deere & Company · filed 1997-11-20(2), (8)

The Iowa Supreme Court limits the meaning of "injuries to the person" to bodily injuries or death. ... Therefore, section 614.1(2) does not apply to this cause of action. ... The potential recovery of compensatory damages, including lost income, does not convert the foundation of Vrban's action to one for wages. ... Consequently, section 614.1(8) does not apply to this cause of action.

Iowa Code § 614.1(8)'s two-year limitations period applies to an ERISA claim for short-term disability benefits when the claim falls within Iowa's Wage Payment Collection Act.

Mead v. Intermec Tech. · filed 2001-11-13(8)

Because ERISA contains no statute of limitations, Mead's claim is governed by the "most analogous" Iowa statute of limitations. See Duchek v. Blue Cross & Blue Shield of Neb., 153 F. 3d 648, 649 (8th Cir. 1998). The District Court found that Mead's claim fell within the Iowa Wage Payment Collection Act and was barred by the two-year statute of limitations. Iowa Code § 614.1(8) (2001). We agree.

A claim for deferred compensation paid into an employee-benefit fund is subject to section 614.1(8)'s two-year limitations period when the payment is treated as wages.

Samide v. Titan International, Inc. · filed 2002-05-31(8)

Having found that the deferred compensation fund constitutes “wages,” a two year statute of limitations period is applicable pursuant to § 614.1(8).

Iowa Code section 614.1(8) imposes a two-year limitations period on wage claims, including commissions, with the period running separately as each payment becomes due.

Peda v. Fort Dodge Animal Health, Inc. · filed 2003-11-24(8)

Commissions or payments that are due in increments would fall under the two-year limitations period set out in section 614.1(8). ... Pursuant to explicit instruction in Iowa case law, the two-year limitations period for collection of wages commences, with one exception, “as each payment comes due.”

Iowa Code section 614.1(8) provides a two-year limitations period for actions to enforce wage claims.

Chavez v. City of Osceola · filed 2004-07-07(8)

There is a two-year statute of limitations on enforcement actions for wages.

Iowa Code § 614.1(8) requires wage claims to be brought within two years, so claims arising before June 1, 2002, were time-barred.

Tiffey v. Speck Enterprises, Ltd. · filed 2006-03-08(8)

Those founded on claims for wages or for a liability or penalty for failure to pay wages [must be brought] within two years” ... Similarly, no authority has been presented to the Court for extending the Iowa statute of limitations beyond two years. Speck’s motion for summary judgment is granted as to any claims under Iowa state law arising before June 1, 2002.

Section 614.1(8) imposes a two-year limitations period on wage claims, running separately from when each payment becomes due.

Kaufmann v. SIEMENS MEDICAL SOLUTIONS USA, INC. · filed 2011-04-14(8)

A two-year limitations period applies to wage-claim actions under the IWPCL. See Iowa Code § 614.1(8).

Section 614.1(6)’s twenty-year limitation period runs separately from the date each child support installment falls due.

Hensley v. Missouri Division of Child Support Enforcement · filed 1995-09-01(6)

From all of the foregoing, we are persuaded that the Iowa Supreme Court, if called upon to address the issue, would hold that the twenty-year limitation period found in Iowa Code ANN. § 614.1.6 (West Supp.1992), runs from the time each child support installment falls due.

Section 614.1(5)'s ten-year limitation period underlies adverse possession, which requires at least ten years of hostile, actual, open, exclusive, and continuous possession under a claim of right or color of title.

Mitchell v. Daniels · filed 1993-11-03(5)

The doctrine of adverse possession is based on the ten year statute of limitations for recovery of real property in Iowa Code section 614.1(5) (1991). ... A party claiming title by adverse possession must establish hostile, actual, open, exclusive and continuous possession, under claim of right or color of title for at least ten years.

Iowa Code § 614.1(4) provides a five-year limitations period for breach-of-fiduciary-duty claims under Iowa law.

Great Rivers Cooperative v. Farmland Industries, Inc. · filed 1996-08-14(4)

Limitations under Iowa law are codified in Iowa Code chapter 614, which includes a five-year limitation for fiduciary duty claims. Iowa Code § 614.1(4).

Implied-warranty actions are governed by § 614.1(4)'s five-year period and accrue on delivery, unless a warranty of future performance postpones accrual until discovery of the breach.

Richards v. Midland Brick Sales Co. · filed 1996-05-31(4)

Actions for breach of implied warranty accrue when delivery is made, regardless of the lack of knowledge of the breach.

A tortious-interference claim is governed by § 614.1(4)'s five-year limitations period and is timely when filed within five years of the interference.

Iowa Coal Mining Co. v. Monroe County · filed 1996-10-23(4)

the applicable period of limitations is five years.

For a federal IDEA attorney-fee claim, Iowa Code § 614.1(4)'s five-year catch-all period is the most appropriate borrowed limitation.

Curtis K. Ex Rel. Delores K. v. Sioux City Community School District · filed 1995-06-29(4)

Iowa Code § 614.1(4) provides a five-year statute of limitations for actions for which no other statute of limitations is specified and would certainly provide a sufficient period for vindi...cation of the federal policy underlying fee-shifting provisions of statutes creating federal rights.

Under § 614.1(9), medical-malpractice limitations begin when the patient knew or reasonably should have known of the injury, even without knowing that the physician negligently caused it.

Langner v. Simpson · filed 1995-06-22(9)

The statute begins to run even though the patient does not know the physician had ... caused the injury.

Iowa Code § 614.1(2)'s two-year personal-injury period applies to federal Title II ADA claims when no federal limitations period is specified.

Dominguez v. City of Council Bluffs, Iowa · filed 1997-08-13(2)

Accordingly, for purposes of Plaintiff’s claims under Title II of the ADA, Iowa’s two year personal injury statute of limitations applies.

Claims for wages under Iowa's Wage Payment Collection Act are subject to § 614.1(8)'s two-year limitations period.

Kartheiser v. American National Can Co. · filed 1999-12-03(8)

Actions founded on claims'for wages under Chapter 91A are subject to a two-year statute of limitations.

A contractual claim for UM or UIM benefits is governed by § 614.1(5)'s ten-year statutory limitations period unless a valid policy provision changes it.

Hamm v. Allied Mutual Insurance Co. · filed 2000-06-01(5)

The applicable statutory limitations period for bringing a claim against the insurer for UM or UIM benefits is ten years.

A contractual UIM limitations provision is unreasonable when it starts before the insured's claim accrues and requires exhaustion of the tort claim before suit.

Nicodemus v. Milwaukee Mutual Insurance Co. · filed 2000-07-06(5)

We conclude that this time frame for filing suit under the policy is unreasonable.

Claims based on unwritten contractual or fiduciary obligations are governed by § 614.1(4)'s five-year limitations period.

Rieff v. Evans · filed 2001-07-03(4)

We think that the applicable statute of limitations is five years.

Section 614.1(11) applies to manufacturers whose products become improvements to real property.

Tallman v. WR Grace & Co.-Conn. · filed 1997-01-22(11)

We reaffirm the holding in ... that section 614.1(11) applies to manufacturers.

A newly asserted personal-injury cause of action filed outside § 614.1(2)'s two-year period is not saved by Iowa's savings statute.

Doe v. Hartz · filed 1999-05-05(2)

Consequently, this “new” cause of action is not timely filed within the applicable two-year statute of limitations, ... Iowa Code § 614.1(2).

A product temporarily detached from real property is not an improvement under § 614.1(11) when it was detached at the time of exposure, so the repose bar does not apply on that basis.

Harder v. ACandS, Inc. · filed 1998-07-16(11)

Because the blankets were not attached at the time of Oscar’s exposure, the first requisite of an “improvement” within the meaning of Iowa Code § 614.1(11) was not fulfilled, and the court therefore need not consider either of the remaining alternative requirements, “permanent addition” or “betterment of real property.”

Section 614.1(2A)(a) bars product-liability actions against a manufacturer or distributor more than fifteen years after the product was first purchased, subject to an express longer warranty.

Estate of Branson Ex Rel. Branson v. O.F. Mossberg & Sons, Inc. · filed 2000-08-09614.1(2A)(a)

In essence, Iowa's statute of repose bars actions against the manufacturer or distributor of a product more than fifteen years after the product was first purchased.

Section 614.1(11) does not apply to asbestos exposure that occurs before the material is physically attached to real property.

Buttz v. Owens-Corning Fiberglas Corp. · filed 1996-12-18(11)

The key to the application of section 614.1(11) is the physical attachment of the asbestos material to the real estate, not the intent to attach it as suggested by these defendants. The asbestos products were not attached at the time these plaintiffs were exposed and could not be considered to be improvements to real estate.

Section 614.1(11) bars an action filed more than fifteen years after the defendant’s alleged act or omission when the injury arises from an improvement to real property; LP gas regulators can qualify as improvements.

Jarnagin v. Fisher Controls International, Inc. · filed 1997-12-24(11)

The district court properly found the regulators at issue were improvements pursuant to section 614.1(11) and, therefore, that Jar-nagin’s action against Fisher was time-barred.

Section 614.1(11)’s fifteen-year statute of repose does not bar a claim arising from a repair made during an improvement project when the repair itself is not an improvement to real property.

St. Paul's Evangelical Lutheran Church v. City of Webster City · filed 2009-06-12(11)

The severing and reconnecting of St. Paul’s sewer line was not an improvement to real property and, therefore, the statute of repose, Iowa Code section 614.1(11), does not bar St. Paul’s claim for damages.

Section 614.1(11) bars an injury claim arising from a defective condition of an improvement to real property when more than fifteen years have passed since the defendant’s act or omission; an underground electrical conversion project qualifies as an improvement.

Spaulding v. George W. Schuerer Jr., Revocable Trust, Alfred Allen, L.L.C., D/B/A Collectively Iowa, and Amana Society Service Company · filed 2014-04-16(11)

The conversion project was an improvement and more than fifteen years have passed. Therefore, section 614.1(11) applies and bars Spaulding’s claim.

Section 614.1(11) bars recovery for asbestos exposure from refurbishing products that became permanent additions to real property when the repose period has run.

Shari Kinseth and Ricky Kinseth, Co-Executors of the Estate of Larry Kinseth, and Shari Kinseth, Individually, plaintiffs-appellees/cross-appellants v. Weil-Mclain Company, defendant-appellant/cross-appellee, and State of Iowa, Ex. Rel. Civil Reparations Trust Fund, Intervenor. · filed 2017-04-19(11)

We affirm the court’s decision not to include Bell & Gossett and Peerless pumps because the only evidence to support asbestos exposure from these products is due to refurbishing, and there can be no recovery under the statute of repose, as the products were permanent additions to real property.

Section 614.1(2A)(a)'s fraudulent-concealment exception can apply to concealment occurring during the 15-year repose period after the product's first purchase.

Herbst v. Givaudan Flavors Corp. · filed 2018-09-20(2A)(a)

Section 614.1(2A) states that, with exceptions not relevant, here, the statute of repose begins to run from when "the product was first purchased, leased, bailed, or installed for use or consumption," which the parties appear to agree in the case of APC and Herbst, as APC's employee, occurred in about 1991 and certainly no later than August 1993. That provision does not state any limitation on the time or period during which the "fraudulent concealment" must have occurred, however. Logically, such "fraudulent concealment" must have occurred during the 15-year period of repose after first purchase when the statutory repose period would otherwise have been running, i.e. , from some point in 1991 until some point in 2006.

Iowa Code § 614.1's general statute of limitations does not apply to disciplinary proceedings by the Board of Medical Examiners.

Sahu v. Iowa Board of Medical Examiners · filed 1995-09-20

We conclude the general statute of limitations in Iowa Code section 614.1 does not apply to disciplinary proceedings by the Board.

An employee’s ERISA claim for improper denial of health-benefit preauthorization is governed by Iowa’s ten-year contract limitations period, rather than the two-year wage-claim period.

Shaw v. The McFarland Clinic · filed 2004-04-13(5), (8)

In short, because Shaw’s claim against McFarland does not fit within either of the aforementioned definitions of wages, she has no cause of action under the IWPCA. This being the case, its two-year statute of limitations is inapplicable to limit her ERISA cause of action. Instead, Shaw’s action against McFarland “most closely resembles an insured party’s claim against his insurer for denial of coverage and breach of contract,” id., and is governed by a ten-year statute of limitations.

An individual ERISA claim challenging denial of benefit preauthorization is not governed by section 614.1(8)’s two-year wage period and instead receives the ten-year period for written-contract claims under section 614.1(5).

Shaw v. McFarland Clinic P.C. · filed 2002-10-11(8), (5)

The Court holds that an individual ERISA claim challenging a plan administrator’s decision to deny preauthorization is not governed by the two-year statute of limitations for wage claims as such a claim is neither for wages, nor is it a claim between an employer and an employee for the collection of wages.

An ERISA claim for denied health-benefit preauthorization is governed by a ten-year contract limitations period rather than section 614.1(8)’s two-year wage period.

Shaw v. The McFarland Clinic P.C. · filed 2004-06-01(5) and (8)

This being the case, its two-year statute of limitations is inapplicable to limit her ERISA cause of action.

For a municipal tort claim arising before July 1, 2007, when the plaintiff did not give timely notice, Iowa Code section 614.1(2) required suit within two years after the injury.

Rucker Vs. Humboldt Community School District, Humboldt High School, And Robert Hoffman, Band Director · filed 2007-08-17(2)

If a plaintiff does not give timely notice of his claim to the municipality, then the applicable statute of limitations is found in chapter 614. Miller, 394 N.W.2d at 781. Iowa Code section 614.1(2) requires a plaintiff to file suit within two years from the date of injury.

The contribution exception in section 614.1(2A)(a) allows a contribution claim to accrue during the products-liability repose period, but it does not eliminate the separate requirement of common liability.

Estate Of Robert Ryan, By And Through Charlene Ryan, Charlene Ryan, Individually, And Nathan Nissen, Vs. Heritage Trails · filed 2008-03-07(2A)(a)

Accordingly, we hold the contribution exception contained in section 614.1(2A)(a) does not eliminate the requirement of common liability in order for a contribution claim to be viable.

Iowa Code § 614.1(2) supplies a two-year limitations period for personal-injury § 1983 claims, running when the claim accrues.

Waterman v. Nashua-Plainfield Community School District · filed 2006-08-15(2)

In Iowa, personal injury actions must be brought within two years after the action accrues.

Section 614.1(2) requires personal-injury claims, including section 1983 claims borrowing Iowa’s limitations period, to be brought within two years after accrual.

Barkley v. Woodbury County · filed 2012-05-23(2)

There is no dispute that the applicable statute of limitations here is Iowa’s two-year statute of limitations for personal injury actions in Iowa Code § 614.1(2).

Section 614.1(9) does not govern negligence claims against the State for personal injuries caused by a State employee; section 669.13 applies.

Vachon v. State · filed 1994-04-14(9)

The Vachons claim Iowa Code section 614.-1(9) is the proper statute of limitations to apply in this ease. ... There is no dispute the Vachons filed a negligence claim against the State for personal injuries caused by a State employee. ... We hold the State Tort Claims Act statute of limitations section 669.13 applies in this case.

Section 614.1(6) requires an action founded on a court-of-record judgment, including a contempt proceeding to enforce an injunction, to be brought within twenty years from entry of the judgment unless renewed.

Amended September 6, 2017 Dakota, Minnesota & Eastern Railroad D/B/A Canadian Pacific v. Iowa District Court for Louisa · filed 2017-06-30(6)

We conclude the drainage district’s application for order to show-cause filed in February 2013 was an action seeking enforcement of the judgment entered in 1977. It was therefore an action subject to the twenty-year statute of limitations on enforcement of judgments under Iowa Code section 614.1(6). The twenty-year period commenced when the judgment was entered. Because the 1977 judgment was not renewed, it expired in 1997, well before the attempt to enforce it against DM&E was commenced.

Iowa Code § 614.1(2) provides a two-year limitations period for actions founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort.

Rosales v. Lewis · filed 1978-08-14(2)

It appears that the federal policy underlying the plaintiff’s claims in this case would best be served by .applying the two year statute of limitations for actions “founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort”. Iowa Code § 614.1(2).

Section 614.1(2) requires a personal-injury action to be commenced within two years of the injury.

Porter v. Good Eavespouting · filed 1993-08-25(2)

The applicable statute of limitations requires commencement of an action for personal injury within two years of the injury. Iowa Code § 614.1(2) (1989).

Iowa Code § 614.1(2) makes personal injury actions subject to a two-year statute of limitations.

In re Workers' Compensation Refund · filed 1994-04-20(2)

this personal injury action is governed by Iowa’s two-year statute of limitations, Iowa Code § 614.1(2)

Iowa Code § 614.1(4) applies a five-year limitations period to an action based on an insurer’s breach of an implied good-faith duty to defend because the action is founded on an unwritten contract.

Sandbulte v. Farm Bureau Mutual Insurance Co. · filed 1984-01-18614.1(4)

It follows, therefore, that section 614.1(4), which provides a five year statute of limitations for actions founded on “unwritten contracts,” is the appropriate statute of limitations for an action based on an insurer’s breach of a good faith duty to defend an insured against third party claimants.

Iowa Code § 614.1(4)'s five-year limitations period applies to negligent-misrepresentation claims involving injury to economic and financial interests.

McCracken v. Edward D. Jones & Co. · filed 1989-05-23(4)

Plaintiff’s claim for negligent misrepresentation is not encompassed in the two-year limitations period. Instead, plaintiff’s claim concerns injury to economic and financial interests and is properly brought within the five-year limitations period under section 614.1(4).

Under Iowa Code § 614.1(4), a five-year limitations period applies to the contract and implied-warranty claims, running from accrual at installation or replacement, so claims filed in 1985 were untimely.

Meier v. Alfa-Laval, Inc. · filed 1990-04-18(4)

Both of these actions accrued upon the installation of the two additional milking units in 1978 or at the time of replacement of the units in 1979. Consequently, the statute of limitations would have run prior to the commencement of the action in 1985.

Section 614.1(4) gives implied-contract claims a five-year limitations period running from breach; it barred Diggan’s pre- and during-employment development and royalty claim, but did not warrant summary judgment on royalties allegedly accruing from post-termination software use.

Diggan v. Cycle Sat, Inc. · filed 1998-03-25(4)

This five-year limitation period governing actions on unwritten contracts also applies to actions on implied contracts.

Under Iowa Code § 614.1(2), the two-year limitations period begins when the injured person discovers, or with reasonable care should have discovered, the wrongful act; applying that rule, the court held the action accrued in September 1983 and expired before suit against the movants.

DeHague v. Burlington Northern Railroad · filed 1988-02-02(2)

The statute of limitations begins to run under the discovery rule when the injured person discovers or in the exercise of reasonable care should have discovered the allegedly wrongful act. ... Applying the discovery rule to the facts in this record, the court finds that plaintiffs’ action accrued in September of 1983 and expired prior to the filing of suit against the movants.

Under § 614.1(2), the two-year limitations period did not begin when the explosion caused Daniel’s vegetative state; his claims accrued no earlier than his guardian’s appointment because the injury itself left him unable to discover it.

Leiberkneckt v. Bridgestone/Firestone, Inc. · filed 1997-10-09(2)

The court’s decision is not based upon the tolling of the statute of limitation, but rather upon the determination that Daniel’s claims simply did not accrue until, at the earliest, the date on which his guardian was appointed.

Section 614.1(4) provides a five-year limitations period for fraud actions, while § 614.1(6) provides twenty years for an action based on a judgment of a court of record, and the court held Tri-State’s judgment-enforcement suit timely under subsection (6).

Tri-State Refining & Investment Co. v. Opdahl · filed 1991-12-31(4), (6)

The Iowa statute of limitations for actions based on fraud is five years. Iowa Code § 614.1(4). ... An action based on a judgment of a court of record must be filed within twenty years. Iowa Code § 614.1(6). Tri-State clearly filed its present suit in Iowa within this period of time.

Iowa Code § 614.1(2) supplies a two-year limitations period for § 1983 claims alleging personal injuries, subject to tolling.

Uhl v. Swanstrom · filed 1995-02-21(2)

The applicable statute of limitations is Iowa Code § 614.1(2). ... Thus, Uhl’s claim will be time-barred under the applicable statute of limitations, unless the running of that statute was tolled, if his action was brought more than two-years after his cause of action accrued.

Section 614.1(2) sets a two-year limitations period for Iowa personal-injury tort suits, which the policy used to limit uninsured-motorist claims.

Morgan v. American Family Mutual Insurance · filed 1995-06-21(2)

The statute of limitations for a personal injury tort suit in Iowa is two years. Iowa Code § 614.1(2).

Section 614.1(2), not subsection (4), supplies a two-year limitations period for these federal civil-rights and PPA claims because they are analogous to personal-injury/tort actions rather than property injuries.

Powell v. Tordoff · filed 1995-12-19(2) (rejecting (4))

the court holds that the statute of limitations applicable to an action pursuant to the PPA is a state’s statute providing the limitations period for tort or personal injury actions. In this ease, the applicable statute of limitations is the two-year statute of limitations in Iowa Code § 614.1(2).

Iowa Code § 614.1(2) imposes a two-year limitations period on actions founded on injuries to the person, including claims for assault, battery, and intentional infliction of emotional distress.

Borchard v. Anderson · filed 1996-01-17(2)

The statute of limitations for actions “founded on injuries to the person” is two years. Iowa Code § 614.1(2). Plaintiffs suit appears to be grounded in claims of assault, battery, and intentional infliction of emotional distress. Iowa Code section 614.1(2) thus provides the applicable limitations period.

Section 614.1(2) imposes a two-year limitations period for personal-injury suits, so absent section 614.10 relief, a later suit filed after that period is barred.

Sautter v. Interstate Power Co. · filed 1997-05-21(2)

Without the relief provided by Code section 614.10, the second suit became deemed to have been commenced after expiration of the two-year statute of limitations for bringing personal injury suits. Iowa Code § 614.1(2).

For a § 1983 claim in Iowa, § 614.1(2) supplies a two-year personal-injury statute of limitations, with accrual governed by applicable continuing-violation principles.

Rural Water System 1 v. City of Sioux Center · filed 1997-05-27(2)

Therefore, in this case, RWS # l’s claim pursuant to § 1983 is governed by the personal injury statute of the state of Iowa. The applicable statute of limitations is Iowa Code § 614.1(2). That statute provides, in pertinent part: ... Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years.

Section 614.1(2) imposes a two-year limitations period on actions founded on injuries to the person, including assault and intentional-infliction claims.

Knutson v. Sioux Tools, Inc. · filed 1998-01-12(2)

The defendants are correct that the statute of limitations applicable to Knutson’s claims of intentional infliction of emotional distress and assault is Iowa Code § 614.1(2), which establishes a two-year limitations period for actions “founded on injuries to the person.”

Iowa Code § 614.1(2) requires personal-injury actions to be brought within two years after the injury occurs.

Estate of Miller v. United States · filed 2001-07-17(2)

which requires that actions arising out of personal injuries must be brought within two (2) years of the occurrence of the injury.

A timely personal-injury suit tolls the § 614.1(2) limitations period for both the injured party’s claim and an insurer’s contingent derivative subrogation claim.

Grinnell Mutual Reinsurance Co. v. Recker · filed 1997-03-26(2)

By filing suit within the allowed time period, we think Jamie tolled the statute of limitations both as to his own claim and as to Grinnell’s contingent subrogation claim.

Iowa Code section 614.1(4) ordinarily governs legal-negligence claims arising from an attorney-client relationship founded on an unwritten contract or involving injury to property and provides a five-year limitations period.

Iowa Supreme Court Attorney Disciplinary Board v. Powell · filed 2007-01-19(4)

We have found, normally, when the relationship between the attorney and the client is “ ‘founded on unwritten contracts’ ” or if it is an action “ ‘brought for injuries to property,’ ” Iowa Code section 614.1(4) governs the statute of limitations for legal negligence claims. ... Iowa Code § 614.1(4) (setting the statute of limitations at five years).

Section 614.1(2) extends a minor's time to file a claim for one year after attaining majority.

Rucker v. Humboldt Community School District · filed 2007-08-17(2)

Sections 614.1(2) and 614.8(2) extend the time Rucker can file her claim for one year from and after her attainment of majority.

Section 614.1(2) gives invasion-of-privacy tort claims a two-year statute of limitations.

In Re the Marriage of Tigges · filed 2008-12-19(2)

The statute of limitations for invasion-of-privacy tort claims is two years. Iowa Code § 614.1(2). Jeffrey contends Cathy knew of his videotaping activities in 2004. He supports this contention with a series of emails allegedly sent to him by Cathy in October 2004 disclosing an awareness of his surveillance activities. At trial, Cathy disputed the authenticity of the emails and testified she discovered the videotaping in 2006. Whether or not the emails are authentic, Cathy pled her claim in her answer filed on August 23, 2006, a date well within the two-year limitation period. Accordingly, Cathy’s claim for invasion of privacy was not barred by the statute of limitations.

Section 614.1(4) requires a trespass action to be commenced within five years of discovery, with the limitations period beginning when the claim accrues; permanent and continuing trespasses are treated differently.

Bain v. Hammen (In Re Hammen) · filed 2009-01-23(4)

In Iowa, an action for trespass to property must be commenced within five years of discovery of the trespass. See Iowa Code §§ 614.1(4), 614.4. The five-year limitations period begins upon the accrual of the claim. ... The defendant must demonstrate that the aggrieved party had actual or imputed knowledge of the injury and its cause prior to five years before the action is commenced. ... If a trespass or nuisance is caused by a structure that is permanent and the injury is permanent, the statute of limitations runs from the time the structure is built. ... In contrast, “[i]f the injury is not permanent, then successive actions lie.” ... The discovery rule does not apply to the Bain family or the executors of Mrs. Bain’s Estate. ... Any claim against Debtors based upon the permanent trespass created by the construction of the pond and dam is barred by the Iowa five-year statute of limitations.

Section 614.1(10) imposes a two-year statute of limitations on claims founded on a secured interest in farm products, rather than the five-year period in subsection (4).

Farmers Cooperative Co. v. Swift Pork Co. · filed 2009-03-16(4), (10)

Therefore, the court concludes that, as a matter of law, the statute of limitations applicable to FCC’s claims founded on its agricultural supply dealer’s lien, is the two-year statute of limitations in § 614.1(10), not the five-year statute of limitations in § 614.1(4), and the defendants are entitled to summary judgment to that effect.

Section 614.1(2A) bars covered product-liability suits more than fifteen years after the product was first purchased.

Linden v. CNH AMERICA LLC · filed 2010-01-26(2A)

Iowa’s statute of repose bars suits commenced more than fifteen years after a product was first purchased. ... Thus, Linden’s suit is not barred under Iowa law.

Iowa Code § 614.1(2) imposes a two-year limitations period for most tort claims, and the discovery rule does not toll it when the plaintiff knew of the injury and its cause or was on inquiry notice.

Steinke v. Kurzak · filed 2011-07-13(2)

Under our existing precedent, we conclude Steinke did not employ the vigilance the law required of him to investigate the cause of his injury at the time he admittedly recalled the alleged abuse. The facts in the summary judgment record regarding Steinke’s realization of the alleged abuse and his related injuries leave no room for reasonable minds to differ that his cause accrued more than two years prior to the commencement of this action. Under these circumstances, Steinke cannot benefit from tolling under the delayed discovery rule.

Section 614.1(4) requires actions on unwritten contracts, property injuries, fraud, and other unprovided-for actions to be filed within five years after accrual, when the aggrieved party can institute and maintain suit.

Danaher v. Harrington · filed 2012-03-13(4)

Counts Two, Four, Eight and Ten are further barred by the statute of limitations in Iowa Code § 614.1(4), which provides that actions based on “unwritten contracts, those brought for injuries to property, or for relief on the ground of fraud in ... and all other actions not otherwise provided for in this respect” must be brought within five years of the date the cause of action accrues. ... An action “accrues” under Iowa law when the “aggrieved party has a right to institute and maintain a suit.” ... This means that on the facts alleged, Plaintiff would have been entitled to remuneration, if at all, no later than the date of McGhee’s release from prison in October 2003. ... Thus, Plaintiffs various contractual/promise based claims accrued in or around October 2003. Plaintiff did not, however, file suit until September 2011, nearly eight years later. Her claims in Counts Two, Four, Eight, and Ten, are accordingly barred by the applicable statute of limitations.

Section 614.1(2) requires personal-injury lawsuits to be filed within two years after accrual, with the period running from the motor-vehicle accident even if the full injury appears later.

Robinson v. Allied Property and Casualty Insurance Company · filed 2012-06-29(2)

Our legislature has determined it is reasonable to require tort claimants to file lawsuits for personal injuries within two years “after their causes accrue.” Iowa Code § 614.1(2). Importantly, the statutory limitations clock begins to run on the date of the motor vehicle accident, even for more serious injuries that first appear over two years later. ... We hold it is reasonable, as a matter of law, for a UIM insurer to select the same two-year deadline from the date of the accident to file a UIM claim as the legislature prescribed for filing a personal injury tort action.

Section 614.1(9)(a) bars medical-negligence actions filed more than six years after the act or omission causing the injury or death, regardless of when the injury was discovered, unless a foreign object unintentionally left in the body caused the injury or death.

The Estate of Erika L. Herren Anderson, by and Through Its Duly Appointed Administrator, Todd Herren and Todd Herren, In · filed 2012-07-13(9)(a)

[I]n no event shall any action be brought more than six years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death unless a foreign object unintentionally left in the body caused the injury or death. ... Unlike the statute of limitations, under which a claim accrues for injuries caused by medical negligence when the plaintiff knew, or through the use of reasonable diligence should have known, of the injury, a statute of repose runs from the occurrence of the act causing the injury. ... Because the period of repose begins running when the injury-causing act occurs, the statute of repose can in some cases prevent a claim for medical negligence from arising before the patient even knows or should know she has been injured.

Section 614.1(4) imposes a five-year limitations period on conversion claims as actions for injuries to property, subject to tolling under Iowa’s discovery rule.

Estate of Nell G. Pepper v. Whitehead · filed 2012-07-31(4)

Viewing the facts in the light most favorable to the Estates, the conversion of the collection occurred in either 1982 or 1983 when Jorgensen took possession of the collection. Under those dates, the statute of limitations would have expired in 1987 or 1988, respectively, unless the discovery rule applies. See Iowa Code § 614.1(4) (setting five-year statute of limitations for “injuries to property”); Husker News Co. v. Mahaska State Bank, 460 N.W.2d 476, 476-77 (Iowa 1990) (noting that a conversion claim is one for “injuries to property” under Iowa law subject to a five-year statute of limitations).

Section 614.1(5) provides a ten-year limitations period for breach-of-contract claims.

Pilger v. Sweeney · filed 2013-08-08(5)

ERISA does not contain its own statute of limitations for a § 1132(a)(1)(B) claim, and thus it borrows the limitations period of the most analogous state-law claim. Shaw v. McFarland Clinic, P.C., 363 F.3d 744, 747 (8th Cir. 2004). Here, that period is Iowa’s 10-year statute of limitations for breach of contract. See id. at 747-48, 750; Iowa Code § 614.1(5). This period begins to run when the claim for benefits is denied. Shaw, 363 F.3d at 747 (citing Union Pac. R.R. Co. v. Beckham, 138 F.3d 325, 330 (8th Cir. 1998)). Defendants decided to apply the $1.05/hour rate to Plaintiffs’ past service on August 1, 1999, and Defendants denied Plaintiffs’ appeal of this decision on July 14, 2000. Plaintiffs did not file the instant lawsuit until February 15, 2011, more than ten years later. Therefore, this part of Count One is barred.

Section 614.1(5) supplies a presumptive ten-year limitations period for contractual UIM claims, but the parties may agree to a shorter contractual period if it is reasonable.

Osmic v. Nationwide Agribusiness Insurance Company · filed 2014-01-10(5)

Because UIM claims are contractual, they are presumptively subject to a ten-year statute of limitations. ... Our caselaw indicates a contractual limitation of the statutory deadline is enforceable if it is reasonable.

Section 614.1 gives five years for unwritten-contract, fraud, equitable, and otherwise unprovided-for claims, ten years for written-contract claims, and two years for statutory claims lacking their own limitation period.

Hotchkiss v. International Profit Associates, Inc. · filed 2014-07-16(2), (4), and (5)

Iowa Code section 614.1 governs the statute of limitations for various causes of action. Claims based on unwritten contracts, equitable causes of action, “and all other actions not otherwise provided for in this respect” must be brought within five years from the time they accrue. Iowa Code § 614.1(4). Those founded on written contracts must be brought within ten years. Id. § 614.1(5). A claim brought pursuant to a statute has a two-year statute of limitations, provided the statute itself does not specify a time limitation. Id. § 614.1(2).

Section 614.1(4) gives property-injury claims a five-year limitations period; under the applicable discovery rule, accrual waits until the injury and its cause are discovered or reasonably discoverable.

A.D., L.L.C. v. 2004 Sc Partners, L.L.C. · filed 2014-11-26(4)

The five-year limitations period begins to run upon accrual of the claim. See Iowa Code § 614.1(4) (2011) (providing five-year limitations period for “injuries to property”). ... Under the discovery rule, a cause of action based on negligence does not accrue until the plaintiff has discovered that it has suffered injury or by exercise of reasonable diligence should have discovered it. ... “The discovery rule tolls the statute of limitations until the plaintiff has discovered the fact of the injury and its cause.” ... Only after purchasing the adjoining property, did A.D. became aware that in order to alleviate excess erosion on A.D.’s property it needed to be able to tie into or alter the conditions on Partners’ property. We conclude it was at this point A.D. knew of both the fact of injury and its cause. In any event, we do not believe the five-year statute of limitations bars A.D. of equitable relief from a continuing wrong, that is, Partners’ failure to maintain and repair its faulty drainage system. See Hegg v. Hawkeye Tri-County REC, 512 N.W.2d 558, 559-60 (Iowa 1994).

Section 614.1(4)'s five-year limitations period begins when a cause of action accrues, and under Iowa's discovery rule, it generally does not begin until the injured person discovers or reasonably should have discovered the wrongful act; disputed accrual and tolling facts may require submission to the jury.

Samir M. Shams, plaintiff/counterclaim v. Sona Hassan, defendant/counterclaimant-appellee. · filed 2017-01-25(4)

A cause of action does not begin at the time of contracting but when the cause of action “accrue[s].” Iowa Code § 614.1; see Bob McKiness Excavating & Grading, Inc., v. Morton Bldgs., Inc., 507 N.W.2d 405, 408 (Iowa 1993) (“It is well settled that no cause of action accrues under Iowa law until the wrongful act produces loss or damage to the claimant.”). Accordingly, whether Shams’ claims arise out of the original agreement in 2003—or a subsequent agreement in 2006 as urged by Shams—the statute of limitations begins when the cause of action accrues. ... Thus, “[u]nder the discovery rule, ‘the statute of limitations does not begin to run until the injured person has actual or imputed knowledge of all the elements of the cause of action.’” Hook v. Lippolt, 755 N.W.2d 514, 521 (Iowa 2008) (quoting Franzen, 377 N.W.2d at 662).

Section 614.1(5) provides a ten-year statute of limitations for bringing contract claims.

Ibson v. United Healthcare Services · filed 2014-12-18(5)

“Because ERISA has no statute of limitations for actions to recover plan benefits, we borrow the most analogous state statute of limitations.” Duchek v. Blue Cross & Blue Shield of Neb., 153 F.3d 648, 649 (8th Cir. 1998). In this case, this normally would be Iowa’s 10-year statute of limitations for bringing contract claims. See Iowa Code § 614.1(5). Iowa law, however, permits parties to contractually agree to a shorter limitations period for bringing actions. See Davidson v. Wal-Mart Assocs. Health & Welfare Plan, 305 F.Supp.2d 1059, 1070 (S.D. Iowa 2004).

For legal malpractice claims, § 614.1(4)’s five-year period begins when the client sustains actual, nonspeculative injury and knows or should know the other elements of the claim.

Ahmad S. Vossoughi and C, N, & A, Inc. v. Joseph A. Polaschek and Michael J. Meloy · filed 2015-02-13(4)

Legal malpractice claims sound in negligence. Claims based on negligence do not accrue, and the statute of limitations does not begin to run, until the injured plaintiff “has actual or imputed knowledge of all the elements of the action.” ... No matter what the plaintiffs knew or when they knew it, the statute of limitations could not have begun to run any earlier than the date an actual injury occurred. ... The question remains, however, whether the plaintiffs’ insecurity arising from the absence of a mortgage lien against the real estate and a perfected security interest in the personal property constituted an actual injury. We hold insecurity alone does not constitute an actual injury.

Under § 614.1(4), the limitations period for a legal-malpractice claim begins when the client sustains an actual, nonspeculative injury and has actual or imputed knowledge of the other claim elements; insecurity alone is not actual injury.

Amended April 22, 2015 Ahmad S. Vossoughi and C, N, & A, Inc. v. Joseph A. Polaschek and Michael J. Meloy · filed 2015-02-13(4)

Accordingly, we reaffirm the statute of limitations does not begin to run on a legal malpractice claim until the cause of action accrues. The cause of action accrues when the client sustains an actual, nonspeculative injury and has actual or imputed knowledge 4 of the other elements of the claim.

Section 614.1(9)(b) protects a parental-consortium claim brought on behalf of a child conceived before the parent's death but born afterward because the consortium injury arises when the child is born, while the child is under eight.

Estate of Paul Dedrick Gray by Brenna Marie Gray, Administrator of the Estate, and Brenna Marie Gray, Individually and o · filed 2016-05-06(9)(b)

For unborn children, the deprivation of consortium does not occur immediately upon the parent’s death. ... Thus, the consortium injury—the loss of Paul’s support, companionship, aid, affection, comfort, and guidance, see Gail v. Clark, 410 N.W.2d 662, 668 (Iowa 1987)—for which suit was brought in this case on O.D.G.’s behalf arose upon O.D.G.’s birth, not before. Accordingly, we conclude it does not matter whether a fetus is “under the age of eight” within the meaning of section 614.1(9)(b); a newborn assuredly is. O.D.G.’s parental consortium claim is timely under section 614.1(9)(b).

Section 614.1(9)(b) protects a parental-consortium claim for a child conceived before the parent's death but born afterward because the consortium injury arises at birth, when the child is a minor under eight.

Amended August 23, 2016 Estate of Paul Dedrick Gray by Brenna Marie Gray, Administrator of the Estate, and Brenna Marie · filed 2016-05-06(9)(b)

Thus, the consortium injury—the loss of Paul’s support, companionship, aid, affection, comfort, and guidance, see Gail v. Clark, 410 N.W.2d 662, 668 (Iowa 1987)—for which suit was brought in this case on O.D.G.’s behalf arose upon O.D.G.’s birth, not before. Accordingly, we conclude it does not matter whether a fetus is “under the age of eight” within the meaning of section 614.1(9)(b); a newborn assuredly is. O.D.G.’s parental consortium claim is timely under section 614.1(9)(b).

Section 614.1(12) gives a five-year limitations period for damages from sexual abuse or exploitation by a counselor, therapist, or school employee, but does not extend that period to claims against other school employees or the school district.

Brooke Besler and Wendy Besler v. Dubuque Community School District, Cindy Oldenkamp, David Olson, and Lee Kolker, Shane · filed 2017-02-08(12)

Finally, the substance of section 614.1(12) plainly applies to “a counselor, therapist, or school employee,” but has no language implicating employees of the school district beyond the one who committed the alleged sexual abuse—here, Oswald. The statute refers to actions for damages resulting from sexual abuse or exploitation by certain individuals. See Iowa Code § 614.1(12). It does not provide for claims against other employees of the school or the school district.

Section 614.1(2A)(a) imposes a fifteen-year products-liability repose period on claims against specified product-related defendants, running from the product’s first purchase or installation for use.

Denis Marchand and Christine E.T. Marchand v. Golden Rule Plumbing Heating & Cooling, Inc., K&E Distributing, Inc., Van' · filed 2017-11-08(2A)(a)

Assuming without deciding error was preserved, there is scant if any indication in the summary judgment record that Golden Rule was a “manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of a product.” Iowa Code § 614.1(2A)(a); ... We conclude the fifteen-year repose period is inapplicable to the manufacturing defect, design defect, implied warranty, and negligence claims against Golden Rule.

Section 614.1(4)'s five-year limitations period begins when the cause of action accrues, subject to Iowa's discovery rule, and disputed accrual or tolling facts must be submitted to the jury.

Samir M. Shams v. Hassan · filed 2017-12-15(4)

A cause of action does not begin at the time of contracting but when the cause of action “accrue[s].” Iowa Code § 614.1; see Bob McKiness Excavating & Grading, Inc., v. Morton Bldgs., Inc., 507 N.W.2d 405, 408 (Iowa 1993) (“It is well settled that no cause of action accrues under Iowa law until the wrongful act produces loss or damage to the claimant.”). Accordingly, whether Shams’ claims arise out of the original agreement in 2003—or a subsequent agreement in 2006 as urged by Shams—the statute of limitations begins when the cause of action accrues. ... Under the discovery rule, the statute of limitations begins to run when the injured person discovers or in the exercise of reasonable care should have discovered the allegedly wrongful act. ... Thus, “[u]nder the discovery rule, ‘the statute of limitations does not begin to run until the injured person has actual or imputed knowledge of all the elements of the cause of action.’” Hook v. Lippolt, 755 N.W.2d 514, 521 (Iowa 2008) (quoting Franzen, 377 N.W.2d at 662).

Section 614.1(2) provides a two-year limitations period measured from accrual and subject to the discovery rule, but it does not govern state constitutional tort claims against municipalities covered by the IMTCA.

Venckus v. City of Iowa City · filed 2019-06-28(2)

With respect to his constitutional claims, Venckus contends Iowa Code section 614.1(2) applies. That section provides for a two-year statute of limitations. Iowa Code § 614.1(2). However, that two-year limitations period commences on the date of accrual rather than injury and is subject to the discovery rule. See id. § 614.1. We disagree with Venckus’s contention. ... Claims arising under the state constitution are subject to the IMTCA. ... Thus, the limitations period set forth in section 670.5 applies here.

Section 614.1(4)'s five-year limitations period is tolled by the discovery rule until the plaintiff knew or should have known of the injury and its cause, allowing suit within five years after discovery to recover all overcharges.

Denver Sunset Nursing Home v. City of Denver, Iowa · filed 2019-10-23(4)

The discovery rule applied to toll the statute of limitations until Denver Sunset learned of the overcharges. ... Once Denver Sunset learned of the overcharges, Denver Sunset could sue within five years to recover all the overcharges.

Subsection (4) imposes a five-year limitations period on legal-malpractice actions, with accrual subject to the discovery rule when the claimant discovers or should discover the injury and its cause.

Skadburg v. Gately · filed 2018-01-10(4)

A legal-malpractice action is subject to a five-year statute of limitations. ... [t]he discovery rule tolls the statute of limitations until the plaintiff has discovered “the fact of the injury and its cause” or by the exercise of reasonable diligence should have discovered these facts. ... There is a genuine issue of material fact as to when Skadburg had knowledge of her cause of action and, if she did not, the statute of limitations would not have begun until August 31, 2010.

Section 614.1(4) imposes a five-year limitations period on legal-negligence actions not otherwise provided for, running from accrual; here, accrual occurred upon actual, nonspeculative injury.

Skadburg v. Gary Gately and Whitfield and Eddy, PLC · filed 2018-05-11(4)

Therefore, her cause of action accrued in 2008 when she made those payments. Because Skadburg made these payments more than five years before she commenced this action on August 19, 2015, section 614.1(4) bars her action unless a legal doctrine tolls the limitations period or estops Gately from raising the statute of limitations as an affirmative defense.

Section 614.1(4) provides a five-year limitations period for actions founded on unwritten contracts, injuries to property, or fraud.

Robby Joe Ring and Amy Elizabeth Ring · filed 2020-04-09(4)

Here, the claim is for Robby’s alleged wrongful conversion of Wilford Ring’s property. The actual nature of the claim is an injury to property. This Court will apply the five-year statute of limitations under Iowa Code § 614.1(4) for causes “founded on unwritten contracts, those brought for injuries to property or for relief on the ground of fraud…” The statute of limitations does not bar challenge to transactions by Robby Ring while he was attorney-in-fact for Wilford Ring.

Section 614.1(2) sets a two-year limitations period for personal-injury claims, with accrual under the discovery rule when the claimant is on inquiry notice of the injury or problem.

Valerie Bandstra, Anne Bandstra, Ryan Bandstra and Jason Bandstra v. Covenant Reformed Church · filed 2018-06-01(2)

See Iowa Code § 614.1(2) (providing the limitations period for personal injury claims is two years). ... Under the discovery rule, a victim’s claim will begin to accrue once she is “aware of the existence of a problem,” even if she does not yet have a full understanding of the abuse’s ultimate effects. ... Further, the limitations period begins not with actual knowledge, but rather once the plaintiff is placed on inquiry notice. ... “A party is placed on inquiry notice when a person gains sufficient knowledge of facts that would put that person on notice of the existence of a problem or potential problem.”

Section 614.1(2) gives two years to bring an action for injury to a person, whether based on contract or tort, beginning when the cause of action accrues.

CEI Equipment Company v. Donald Gaddis and Karen Gaddis · filed 2019-03-20(2)

A statute of limitations is not a free-floating length of time; it is a period with a defined beginning and end. The defined beginning is when the cause accrues. Iowa Code § 614.1.

Section 614.1(2) gives claims for injuries to reputation, including defamation, a two-year limitations period that begins when the plaintiff has actual or imputed knowledge of all claim elements.

Raw v. Spofford · filed 2019-11-06(2)

Claims founded on injuries to reputation, such as defamation, are subject to a two-year statute of limitations. See Iowa Code § 614.1(2); McCracken v. Edward D. Jones & Co., 445 N.W.2d 375, 383 (Iowa Ct. App. 1989). ... Generally, under the discovery rule, statutes of limitation do “not begin to run until the injured person has actual or imputed knowledge of all the elements of the cause of action.” ... We affirm the district court’s conclusions that Raw was on notice of his claims against Spofford no later than 2014, the claims had accrued at that time, and Raw’s 2017 petition was therefore barred by the two-year statute of limitations contained in Iowa Code section 614.1(2).

For actions founded on a judgment, § 614.1(6)'s twenty-year limitations period begins when the cause of action accrues, which for an injunction may be when the violation occurs.

TSB Holdings, L.L.C. and 911 N. Governor, L.L.C. v. City of Iowa City, Iowa · filed 2018-06-01(6)

In sum, we overrule Dakota and hold that the limitations period in Iowa Code section 614.1(6) runs from the date when the cause of action accrues, which in the case of an injunction may be the date when the violation of the injunction occurs.

Section 614.1(4) imposes a five-year limitations period, which the court applied to the minority-shareholder oppression claims and held was not displaced by the continuing-wrong doctrine.

William Van Horn and June Lindner v. R.H. Van Horn Farms, Inc., Robert H. Van Horn a/k/a Robert Van Horn a/k/a R.H. Van · filed 2018-06-20(4)

The statute of limitations is five years. See Iowa Code § 614.1(4) (2013). ... Because the continuing-wrong exception does not displace the statute of limitations in this case, we will consider only conduct occurring on or after April 14, 2006, when contemplating the minority-shareholder claims of oppression.

Section 614.1(5) gives written contractual claims a ten-year statute of limitations.

Iowa Student Loan Liquidity Corp. v. Heaton · filed 2020-03-18(5)

As such, the ten-year statute of limitations that applies to written contractual claims applies here. See Iowa Code § 614.1(5) (2009); Legg v. W. Bank, 873 N.W.2d 763, 774 (Iowa 2016) (“Written contracts are subject to a ten-year statute of limitations . . . .”).

Section 614.1(8)'s two-year limitations period for a chapter 91A civil action does not displace a collective-bargaining agreement's shorter deadline for filing an employment grievance.

Kleppe v. Fort Dodge Police Department and City of Fort Dodge, Iowa · filed 2020-04-01(8)

As a final issue, Kleppe notes chapter 91A contains a two-year statute of limitations. See Iowa Code § 614.1(8). ... He argues chapter 91A’s statute of limitations supersedes the five-day limitation in the CBA. We disagree. The statute of limitations for a civil filing is different from the filing of an employment grievance. And section 20.18(2) instructs public employees to follow CBA provisions. We read that section as compatible with chapter 91A and see no conflict with the limitations period for filing suit.

Section 614.1(4) requires a legal-malpractice action to be brought within five years after accrual and bars the action after that period unless a tolling doctrine applies.

Schwab v. Zahradnik · filed 2019-07-24(4)

Even if we found Schwab had a right to a part of Musel’s recovery and found Zahradnik violated a duty to Schwab in failing to preserve that right, the statute of limitations would bar Schwab’s claim against Zahradnik. The dissolution decree was entered in 2009, more than five years before Schwab commenced this action on January 5, 2017. Therefore Iowa Code section 614.1(4) bars Schwab’s action unless a legal doctrine tolls the limitations period. See Skadburg, 911 N.W.2d at 793.

Section 614.1(4) gives claims based on unwritten contracts a five-year statute of limitations.

Evans v. Wright Medical Technology, Inc · filed 2020-01-31(4)

Under Iowa law, the statute of limitations for a claim based on an unwritten contract is five years. Iowa Code § 614.1(4). ... Regarding whether any express warranty was written or unwritten, Evans has provided only an advertisement. ... This is not a written warranty. ... As such, the five-year statute of limitations for an unwritten contract applies to this claim. ... Because Evans did not file suit until May 4, 2019, his breach of express warranty claim is time-barred and WMT’s motion to dismiss Count 5 will be granted.

Section 614.1(10) imposes a two-year limitations period for claims founded on a secured interest in farm products, measured from the date of sale, and the discovery rule does not toll it.

MidWestOne Bank v. Heartland Co-op · filed 2020-04-17(10)

On our review, we hold the controlling statute of limitations is Iowa Code section 614.1(10), which bars the bank’s claims filed more than two years from the date of sale of goods subject to its perfected security interest. The district court erred by applying the discovery rule.

Section 614.1(4) imposes a five-year limitations period on actions to set aside fraudulent transfers, and claims added after that period are barred when they do not relate back to the original pleading.

In re the Estate of Glaser · filed 2020-07-22(4)

The statute of limitations for actions to set aside transfers is five years. See Iowa Code § 614.1(4) (2016); see also id. § 684.9(1). ... So we cannot say the farm claims “ar[i]se out of the conduct, transaction, or occurrence set forth or attempted to be set forth in” the motion. Iowa R. Civ. P. 1.402(5). And so we cannot conclude the amendment relates back to the motion. See id. Instead, we must conclude the farm claims were barred by the statute of limitations. See Iowa Code § 614.1(4); cf. Grant v. Cedar Falls Oil Co., 480 N.W.2d 863, 864, 866 (Iowa 1992) (affirming the district court’s ruling that the amendment did not relate back and the claim was barred by statute of limitations).

Subsection 614.1(2) supplies a two-year limitations period for § 1983 actions in Iowa.

Nyama v. Fort Dodge Correctional Facility · filed 2022-02-25(2)

In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2).

Section 614.1(2) imposes a two-year limitations period on § 1983 actions in Iowa.

Nyama v. Jefferson · filed 2022-02-25(2)

In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2). Because Nyama alleges that this incident occurred in 2019, and he did not file this complaint until 2022, the complaint is barred by the statute of limitations.

Section 614.1(2) imposes a two-year statute of limitations on § 1983 actions in Iowa.

Nyama v. Bezos · filed 2022-02-25(2)

In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2). Because Nyama alleges that this incident occurred in 2019, and he did not file this complaint until 2022, the complaint is barred by the statute of limitations.

Section 614.1(2) imposes a two-year statute of limitations on § 1983 actions in Iowa.

Lillie v. Unity Point Health - St Lukes · filed 2022-05-18(2)

Moreover, the complaint is time-barred because it was filed more two years after the April 10, 2020 hearing about which Lillie complains. Section 1983 claims are governed by the relevant state’s personal injury statute of limitations. Wycoff v. Menke, 773 F.2d 983, 984 (8th Cir. 1985). In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2).

Section 614.1(4) sets a five-year limit for fraud actions, but that limitation does not run against the State unless a statute specifically says it does.

State of Iowa v. Rutledge · filed 2020-09-02(4)

In this case, we need not decide the issue whether the civil statute of limitations applies to criminal restitution in general. This is because, even if we assumed for the sake of discussion that it did, Rutledge cannot rely on the limitation period set forth in section 614.1(4) as a defense against the State. “[I]n Iowa, it is well recognized that a statute of limitations does not run against the [S]tate unless specifically provided by statute.” ... Therefore, applying the rule set forth in Fennelly, Rutledge cannot assert a civil statute of limitations defense successfully against the State.

Section 614.1(9)(a) bars medical-malpractice actions more than six years after the relevant act or omission, but fraudulent concealment can prevent a defendant from relying on that repose defense when the plaintiff proves the required elements.

Elizabeth Downing and Marcella Berry as Co-Administratrix of the Estate of Linda Berry v. Paul Grossman, M.D. and Cathol · filed 2021-10-06(9)(a)

Iowa’s statute of repose as it relates to medical malpractice claims is set forth in Iowa Code section 614.1(9) as follows: ... [I]n no event shall any action be brought more than six years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death unless a foreign object unintentionally left in the body caused the injury or death. ... The doctrine survived codification of the statute of repose set forth in section 614.1(9). ... If the doctrine applies, it “allows a plaintiff to pursue a claim that would be otherwise time barred under the statute of repose.”

Section 614.1(9)(a) gives medical-malpractice plaintiffs two years after discovering or reasonably having to discover the injury, but in all events bars suit more than six years after the alleged injury-causing act or omission, subject to an exception not relevant here.

Elizabeth Downing and Marcella Berry, as Co-Administrators of the Estate of Linda Berry v. Paul Grossman, and Catholic H · filed 2022-04-22(9)(a)

Iowa Code section 614.1(9) contains both a statute of limitations and a statute of repose for medical malpractice claims. A plaintiff can bring a medical malpractice action within two years from the time she knows, or through reasonable diligence should know, of the injury or death for which she claims damages. Iowa Code § 614.1(9)(a). This is a statute of limitations, measured from the accrual of the plaintiff’s cause of action. ... But section 614.1(9)(a) goes on to provide: “in no event shall any action be brought more than six years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death,” with an exception not relevant here. Iowa Code § 614.1(9)(a). This is a statute of repose, measured from the time of the defendant’s actions.

Section 614.1(2) imposes a two-year limitations period on § 1983 actions in Iowa.

Nyama v. Branson · filed 2022-02-25(2)

In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2). Because Nyama alleges that this incident occurred in 2019, and he did not file this complaint until 2022, the complaint is barred by the statute of limitations.

Section 614.1(2) imposes a two-year limitations period on § 1983 actions in Iowa.

Nyama v. Musk · filed 2022-02-25(2)

In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2). Because Nyama alleges that this incident occurred in 2019, and he did not file this complaint until 2022, the complaint is barred by the statute of limitations.

Section 614.1(2) supplies a two-year statute of limitations for personal-injury claims, including § 1983 claims governed by Iowa’s personal-injury limitations period.

Heiden v. Boffeli · filed 2022-03-09(2)

Claims brought under 42 U.S.C. § 1983 are governed by the statute of limitations for personal injury claims in the state where the suit was brought. ... Iowa enforces a two-year statute of limitations for personal injury actions. Iowa Code § 614.1(2); see also Wycoff v. Menke, 773 F.2d 983 (8th Cir. 1995) (applying Iowa’s two-year statute of limitations to § 1983 claims).

Section 614.1(2) requires personal injury suits to be brought within two years after the cause of action accrues.

Carlson v. Second Succession, LLC, Iowa Commercial Advisors, LLC d/b/a Cushman & Wakefield Iowa Commercial A · filed 2022-03-18(2)

A personal injury suit must be brought within two years after the cause of action accrues. Iowa Code § 614.1(2) (2018). ... In this personal injury action, the two-year statute of limitations expired on January 8, 2020. Iowa Code § 614.1(2). Plaintiff’s petition, filed January 9, was untimely and time-barred.

Section 614.1(2) imposes a two-year statute of limitations on § 1983 actions in Iowa.

Lillie v. Paulsen · filed 2022-05-18(2)

Moreover, the complaint is time-barred because it was filed more two years after the April 10, 2020 hearing about which Lillie complains. Section 1983 claims are governed by the relevant state’s personal injury statute of limitations. Wycoff v. Menke, 773 F.2d 983, 984 (8th Cir. 1985). In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2).

Section 614.1(2) imposes a two-year limitations period on § 1983 actions in Iowa.

Lillie v. Iowa, State of · filed 2022-05-18(2)

Section 1983 claims are governed by the relevant state’s personal injury statute of limitations. Wycoff v. Menke, 773 F.2d 983, 984 (8th Cir. 1985). In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2).

Section 614.1(2) supplies a two-year statute of limitations for § 1983 actions in Iowa.

Hatchett v. Reese · filed 2022-05-25(2)

In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2). The only dates listed by Hatchett were more than two years prior to his filing suit.

Section 614.1 imposes two-year limitations periods for personal-injury claims and medical-malpractice actions, running when the claim accrued or when the claimant knew or should have known of the injury and its cause.

Wolodkewitsch v. TPI Iowa, LLC, TPI Composites, Inc., Ryan Hoenicke, Cleo Boyd, Terry Van Huysen, Occupational · filed 2022-11-02(2), (9)

The same is true here. Wolodkewitsch knew the necessary elements of her negligence and gross negligence claims against the TPI defendants by February 2017, when she filed her workers’ compensation claim. She did not file her civil petition until 2020, well over two years later. Accordingly, we conclude the district court did not err in granting summary judgment on Counts I and III pursuant to the two-year limitations period set forth in Iowa Code section 614.1(2). ... We affirm the district court’s grant of summary judgment on Count V pursuant to the two-year limitations period set forth in section 614.1(9).

Section 614.1(2A)(a) bars product-liability negligence claims, including post-sale failure-to-warn claims, more than fifteen years after the product was first purchased, leased, bailed, or installed, unless a longer express warranty applies.

Juanita Lavery, in her Individual Capacity and as Administrator of the Estate of John Lavery, Chelsie Gohlmann and Allis · filed 2022-12-07(2A)(a)

However, section 614.1(2A) explicitly applies to negligence claims based on an alleged defect in “warning, labeling of the product, or any other alleged defect or failure of whatever nature or kind.” This language is sufficiently broad to subject the post-sale duty to warn to the same fifteen-year limitation.

Section 614.1(4) imposes a five-year limitations period, and a breach-of-fiduciary-duty claim accrues under the discovery rule when the claimant has enough knowledge to be on inquiry notice.

Brady Griffin as of the Estate of Loren D. Griffin, and the Loren Douglas Griffin Irrevocable Living Trust, by Trustee C · filed 2024-10-02(4)

The statute of limitations for this cause of action is five years. See Iowa Code § 614.1(4) (2022); Shams v. Hassan, 905 N.W.2d 158, 164 (Iowa 2017). The discovery rule applies to a claim of breach of fiduciary duty. Shams, 905 N.W.2d at 165 (Iowa 2017). “[U]nder the discovery rule, the limitations period begins when a claimant has knowledge sufficient to put that person on inquiry notice.” Id. (alteration in original) (quoting Kendall/Hunt Publ’g Co. v. Rowe, 424 N.W.2d 235, 243 (Iowa 1988)).

Section 614.1(8) imposes a two-year limitations period on actions founded on wage claims, but it does not limit damages for a timely filed Iowa Code § 216.6A wage-discrimination claim.

Cianzio v. Iowa State University, State of Iowa and Board of Regents, State of Iowa · filed 2024-12-13(8)

In sum, we hold the district court erred in concluding that Cianzio’s damages for any alleged violations of section 216.6A are limited by section 614.1(8) to the two-year period preceding the filing of her complaint. The question presented is not whether Cianzio timely filed her claim, the question presented is to what damages she might be entitled upon proving her claim.

Section 614.1(2) provides a two-year limitations period for claims seeking damages for personal injury, and judicial tolling may preserve the full statutory period.

Rivas v. Derek Brownell and Lindsey Wessel · filed 2025-02-28(2)

The tolling provision in our supervisory order sought to maintain the status quo in the legislature’s balancing of benefits such that plaintiffs did not effectively receive less time than the legislature afforded them under § 614.1. The tolling period, in our view, thus worked to preserve the legislature’s limitations period, not undermine it, by ensuring that plaintiffs received the full two-year period to investigate and file claims.

Section 614.1 permits insurance contracts to set a shorter limitations period than the statutory ten-year period, so long as the contractual period is reasonable.

Koester v. Ortiz · filed 2024-07-24

The limitation period would be similarly enforceable in Iowa. Iowa’s Code provides that claims based on insurance policies must be brought within ten years, “except when otherwise specially declared,” and does not prohibit parties to an insurance contract from further limiting the deadline for bringing suit. Iowa Code § 614.1. Iowa courts enforce such a contractual limitation “if it is reasonable,” and have consistently held that an insurer may reasonably limit the limitations period to two years following the date of the loss. Osmic v. Nationwide Agribusiness Ins. Co., 841 N.W.2d 853, 858–59 (Iowa 2014); see Robinson v. Allied Property & Cas. Ins. Co., 816 N.W.2d 398, 402 (Iowa 2012) (citing cases). For the same reasons as discussed above, the Court finds that the two-year limitation period in this case is reasonable and therefore would be enforced under Iowa law.

Section 614.1(2) imposes a two-year limitation period on actions founded on injuries to the person or reputation, and the discovery rule does not delay accrual until the plaintiff knows the precise cause of the injury.

Skinner v. 3M Company · filed 2025-09-12(2)

Under Iowa law, a two-year limitation period applies to actions “founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty.” Iowa Code § 614.1(2). ... Viewing the record in the light most favorable to Skinner, the Court concludes that Iowa’s discovery rule does not make Skinner’s action timely. ... The limitation period did not await review of his medical records in June 2016 to start running. His action, filed in June 2017, is untimely.

Section 614.1(2) gives Iowa § 1983 actions a two-year statute of limitations.

Martin · filed 2025-11-04(2)

In Iowa, § 1983 actions are subject to a two-year statute-of-limitations. See Iowa Code § 614.1(2). Because Martin asserts that the events giving rise to his claim occurred in 2003, but he did not file this case until 2025, his claims are time-barred.

Section 614.1(4) imposes a five-year limitations period for breach-of-oral-agreement claims, and the discovery rule did not extend that period on these facts.

Scott Hunter and Steven Hunter v. Hunter Three Farms, LLC and Hunter of Iowa, Inc. · filed 2024-12-18(4)

The statute of limitations for a breach of an oral agreement is five years. Iowa Code § 614.1(4) (2016). ... Assuming without deciding the discovery rule applies, and regardless of the standard of review, the plain text of the letter made clear a problem existed that amounted to breach. ... Based on these facts, and regardless of the light they are viewed in, the discovery rule does not provide Scott and Steven relief. We therefore affirm the district court’s dismissal of their claims as beyond the statute of limitations.

Section 614.1(4)'s five-year limitations period does not govern a criminal-history-data claim against municipal defendants when the Iowa Municipal Tort Claims Act supplies the applicable two-year limitations period.

Abrahamson v. Scheevel · filed 2025-07-23(4)

The court’s selected provision is inapplicable. See Iowa Code § 614.1(4) (imposing a five-year limitations period for certain contractual and injury claims). ... Instead, we apply the two-year limitations period set out as part of the IMTCA.

Section 614.1(2) imposes a two-year limitations period for defamation claims, but the discovery rule applies when the allegedly defamatory statements were inherently secretive, inherently undiscoverable, or not a matter of public knowledge.

Betz v. Rebeca Mathisen, Eric Muller, Kelly Rasmussen and Michael Wilson · filed 2025-03-05(2)

Under Iowa law, a claim for defamation must be brought within two years. See Iowa Code § 614.1(2). ... For these reasons, we hold that the discovery rule applies to a defamation claim in circumstances such as this, where the allegedly defamatory statements were inherently secretive, inherently undiscoverable, or not a matter of public knowledge.

Section 614.1(2) provides a two-year limitations period for personal-injury claims, while section 614.1(4) provides a five-year limitations period for monetary-injury claims.

Behrens v. US Bank, NA · filed 2025-07-25(2) and (4)

The longest statute of limitations for any of plaintiffs’ cognizable claims is five years. See Iowa Code § 614.1(2) (two-year limitations period of personal injury claims); Iowa Code § 614.1(4) (five-year limitations period for monetary injury claims). ... Thus, the statute of limitations on plaintiffs’ claims began to run on October 8 or 9, 2008. Because plaintiffs did not file their claims until 2016 at the earliest, they are barred by the statute of limitations.

Section 614.1(4)’s limitations defense does not bar the State from enforcing a public right.

Marshall v. State Department of Human Services · filed 1997-02-19(4)

Tina also contends the State’s suit was barred by Iowa Code sections 614.1(4) and 614.4 (five-year limitation for bringing an action for fraud) because the action was brought more than seven years after the final ADC payment. Under Iowa law the defense of a general statute of limitations, such as those in Iowa Code chapter 614, cannot be made when the State is seeking to enforce a public right.

Section 614.1(2)’s two-year period excludes the time between a certification that the manufacturer is unknown under section 613.18(3) and identification of the manufacturer; identification does not start a new two-year period.

Harrington v. Toshiba MacHine Co., Ltd. · filed 1997-04-23(2)

We conclude that the tolling under Iowa Code section 613.18(3) means that the time between the filing of the certification under that statute and the identification of the manufacturer is to be deducted from the total elapsed time in computing the date of expiration of the two-year statute of limitations under section 614.1(2). The identification of the manufacturer does not commence a new period of limitations.

Section 614.1(6) allows an action founded on a judgment of a court of record within twenty years.

Whitters v. Neal · filed 1999-12-22(6)

While the judgment hen is valid only for ten years, the judgment itself would stand for twenty years.

Section 614.1(5) does not expressly exclude time for a bankruptcy action from its limitations period.

Bank One, National Association, as Trustee v. Christopher G. Daniels Parties in Possession Unknown Spouse, if Any, of Christopher G. Daniels · filed 2016-08-17(5)

Iowa Code sections 614.1(5) and 614.21 do not expressly exclude time for a bankruptcy action.

A party waives a section 614.1(2) limitations defense by pleading a different limitations provision instead of specifically pleading section 614.1(2) and showing the facts constituting its bar.

In the Matter of the Estate of John E. Terpstra · filed 2018-05-16(2)

Although Vickie’s motion to dismiss was based on the untimeliness of Ronald’s claim, it did not raise the correct statute. ... Neither did Vickie show the facts constituting a bar under section 614.1(2), requiring action be brought within two years if “founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort.”

Section 614.1(6)’s twenty-year period applies to enforcing a judgment issued on Iowa’s small-claims docket because that docket is part of a court of record.

Liberty Credit Services Inc. v. Inlow · filed 2024-07-03(6)

We conclude the small-claims docket, like all other realms in which Iowa judicial officers exercise authority at trial, is part of the unified trial court and is a “court of record.” We affirm application of section 614.1(6)’s twenty-year limitations period to enforce judgment on the facts of this case.

Section 614.1(6)’s twenty-year limit does not apply to restitution judgments in favor of the State.

Adcock v. Iowa District Court for Polk County · filed 2026-04-15(6)

The statute of limitations under Iowa Code section 614.1(6) does not apply, but instead the statute of limitations related to judgments against the State fall under the doctrine of nullum tempus occurrit regi.